305 - ABILITY ONE RIGHTS OF PARTICIPANTS

This resource is designed to help you understand your rights as an employee covered by the AbilityOne Commission’s Policy 51.406, Rights of Participating Employees. The document outlines the legal protections you are entitled to; the employment benefits you should receive; and what to do if you believe your rights have been violated.

The U.S. AbilityOne Commission (Commission), SourceAmerica and Nonprofit Agencies have a responsibility to ensure compliance with ensuring your legal protections, responding to complaints in a timely manner and maintaining awareness of employee rights and protections.

1. Your Legal Protections

As a participating employee, you are entitled to the same legal protections and legal standards as non-disabled employees performing similar work. The Commission defines a participating employee as: “an individual who is blind or has a significant disability, is performing work that qualifies to be counted toward the direct labor hour ratio and works on a federal contract requirement on the AbilityOne Program Procurement List.”

In short, this applies to any employee who is:

  • blind or has a significant disability

  • performing either full-time or part-time work that counts towards the direct labor ratio (e.g. tasks that are specified in the contract statement of work or performance work statement)

  • ·working on an AbilityOne contract on the Procurement List.

 These protections include:

  • Labor and Employment Rights - you have the right to fair treatment under labor laws, including the ability to participate in a bargaining unit if applicable.

  • Anti-Discrimination Protections - you are protected from discrimination based on disability, race, gender, age, religion, and other protected characteristics.

  • Health and Safety Protections - your workplace must meet health and safety standards to ensure your well-being.

  • Insurance Coverage - you are eligible to participate in applicable programs such as:

    • workers’ compensation

    • unemployment insurance

    • other relevant insurance plans

2. Your Employment Benefits

You are entitled to the same employment benefits as your non-disabled peers, including:

  • Health Insurance Coverage

  • Paid Time Off (PTO)

Your employer (NPA) must ensure that you are informed about these benefits and how to access them.

3. Your Right to Report Concerns

As an employee participating under the AbilityOne Program, you are protected by federal law and Commission policy from retaliation when reporting concerns. This means that your employer, SourceAmerica, or the AbilityOne Commission cannot take adverse actions against you—such as termination, demotion, harassment, or any form of intimidation—because you voiced a concern or filed a complaint.

You may report concerns related to:

  • Workplace Discrimination: If you experience or witness discrimination based on disability, race, gender, age, religion, or any other protected characteristic.

  • Unsafe Working Conditions: If your work environment poses risks to your health or safety.

  • Violation of Employment Rights: If you are denied benefits, fair wages, or other employment rights guaranteed under labor laws.

  • Unethical Behavior or Misconduct: If you observe fraud, waste, abuse, or other unethical practices within your NPA or related entities.

You can report these concerns through multiple channels:

  • Directly to Your Employer: Start by discussing the issue with your supervisor or designated HR representative, if you feel comfortable doing so.

  • To SourceAmerica: You may contact SourceAmerica’s Business Integrity and Ethics team directly through IntegritySource.

  • To the U.S. AbilityOne Commission: You can reach out directly to the Commission for guidance or to file a formal complaint by email at complianceinfo@abilityone.gov. or by mail to the AbilityOne Commission at 355 E Street SW Suite 325. Washington, DC 20024. 

  • To External Agencies: You may also file complaints with federal, state, or local enforcement bodies such as:

Importantly, your employer is prohibited from interfering with or discouraging you from reporting a concern. You are encouraged to speak up, and your voice is protected.

4. Reporting Fraud, Waste, or Abuse

If you have credible information about fraud, waste, or abuse, you can report it directly to the Commission’s Inspector General:

5. What Happens When You File a Complaint

Generally, when a complaint is received by SourceAmerica or the Commission:

  • A determination is made if the issue concerns a participating employee, and

  • If the complaint is within the scope of the policy

If it is determined that the complaint falls within the scope of the policy, the following steps may be taken by either the SourceAmerica or the Commission:

You may be asked to provide:

  • The name of your employer

  • Your name (if you choose to be identified)

  • The name of the person(s) involved

  • A description of what happened, including when and where

  • Any actions already taken

Next Steps

  • You will be informed about how to file with external enforcement agencies, if/when applicable.

  • SourceAmerica will assess whether your complaint falls under this policy and will likely gather additional information. Under policy 51.406, SourceAmerica is required to report the complaint to the Commission within five (5) business days,along with its initial assessment and recommended response if it is determined to be a mandatory disclosure under the policy.

  • The Commission may take further action, such as:

    • Determining if the complaint should be communicated to your employer. Such communication will be made by either SourceAmerica or the Commission.

    • Requesting more information from either SourceAmerica or your employer.

    • Asking SourceAmerica to monitor your employer and provide progress reports related to the complaint

    • Referring the matter to a government agency.

Note: SourceAmerica and Commission generally do not conduct independent investigations but will ensure your complaint is handled appropriately.

 Need Help or Have Questions?

If you’re unsure about your rights or how to report a concern, reach out to your SourceAmerica’s Business Integrity and Ethics team or contact the AbilityOne Commission for guidance.

 

@2021 The DPI Group. All Rights Reserved. Revision Dates: - The DPI policies do not form a contract, express or implied, nor do they guarantee employment for any specific length of time. Employment with The DPI Group or any subsidiary is at-will. This means that either the employee or employer can terminate the employment relationship at any time, for any reason. No statements made by any supervisor or manager can alter this at-will relationship. The at-will relationship can only be changed through a signed written agreement that specifically sets forth the terms between the employee and the President/Chief Executive Officer of the Company.